Madras High Court
G. Dharani And M. Sundaramurthy vs State Of Tamil Nadu Rep. By The Secretary ... on 14 August, 2003
Author: D. Murugesan
Bench: D. Murugesan
ORDER D. Murugesan, J.
1. The short point that arises for consideration in these Writ Petitions is as to whether after the Tamil Nadu Acquisition of Land For Industrial Purposes Act, 1997 has come into force, the respondents State Government is empowered to acquire the lands under the Land Acquisition Act X of 1999 viz., the Central Act.
2. 4(1) Notification under the Central Act was notified on 13.10.2000. The date of notification as published is not in dispute. Equally, the purpose for which the acquisition proceedings were initiated is also not in dispute inasmuch as 4(1) Notification was made for the lands for being acquired for public purpose viz., for providing Industrial Complex/Sipcot. The Tamil Nadu Acquisition of Land For Industrial Purposes Act, 1997( Act X of 1999)was assented by the President on 21.5.1999. The Act was notified on 23.3.2000 under Act 2/2000. Section 21 of the Act relates to the application of the provisions of the Act to the land acquisition to be awarded after the Act has come into force.
3. The said Section reads as under:
21. Land Acquisition Act not to apply:
Save as otherwise provided in this Act provisions of the Land Acquisition Act, 1894(Central Act 1 of 1894) shall cease to apply to any land which is required for the purpose specified in sub-section (1) of Section 3 and any such land shall be acquired by the Government only in accordance with the provisions of this Act"
4. A plain reading of the abovesaid Section discloses that after the Act has come into force, the acquisition proceedings shall be initiated in the event for the purpose of setting up of Industrial Complex only under the provisions of the said Act and not under the Central Act 1 of 1894. Of course, under Section 23 of the Act, certain proceedings which were initiated prior to the Act came into force, were excluded from the purview of this Act.
5. Section 23 of the said Act reads as under:
23. Application of the Act to certain pending case of acquisition:
The provisions of this Act shall apply also to any case or cases in which proceedings have been started, before the commencement of this Act, for the acquisition of any land for any public purpose or for company under the Land Acquisition Act, 1894 (Central Act 1 of 1894) (hereinafter in this Section referred as the said Act) intended for industrial purpose but no award has been made by the Collector under Section 11 of the said Act before such commencement as if:-
(i) the notification published under sub-section (1) of Section 4 of this said Act,
(ii) the declaration made under Section 6 of the said Act or
(iii) the notice given under sub-section (1) of Section 9 of the said Act, where a notice to show cause against the acquisition of the land served under sub-section (2) of Section 3 of this Act.
(2) Nothing contained in sub-section (1) shall apply in relation to any land unless and until after the Government has published a notice in Tamil Nadu Government Gazette to the effect that the said land is required for the purposes specified in sub-section(1) of Section 3 of this Act"
6. A plain reading of the above said Section indicates that only such of those land acquisition proceedings which were pending in view of either Section 4(1) Notification was published or Declaration was made under Section 6 and notice was given under sub-section (1) of Section 9 of the Central Act, such proceedings were not affected by the subsequent enactment of Act 2/2000. In view of the fact that the land acquisition proceedings were initiated under the Central Act for public purpose viz., to establish an industrial Complex after the Act 2/2000 has come into force, the said proceedings are not saved by Section 23 and are also void in view of Section 21 of the Act. On the above ground, the land acquisition proceedings initiated under the Central act is unsustainable as it is beyond the purview of the Central Act.
7. Accordingly, the impugned Notification is set aside and the Writ Petitions are allowed. No costs. However, it is made clear that the order in the Writ Petitions shall not stand in the way of the respondents to invoke the appropriate provisions of the Act for initiating the land acquisition proceedings in respect of the lands in question. Consequently, W.M.P. Nos. 4330 and 4331/2002 are closed.